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ENB Region 8 Completed Applications 06/22/2022

Genesee County

Applicant:

Seneca Power Partners LP
163 Cedar St
Batavia, NY 14020

Facility:

Batavia Power Plant
163 Cedar St
Batavia, NY 14020

Application ID:

8-1802-00045/00026

Permit(s) Applied for:

Article 15 Title 15 Water Withdrawal Non-public

Project is Located:

Batavia, Genesee County

Project Description:

The Department has received an application from Seneca Power Partners LP and made a tentative determination to issue a new permit for the withdrawal of 715,600 gpd of water from a new Well D on the applicant's property that is part of the larger wellfield source near Tonawanda Creek in the Town of Batavia in Genesee County as needed to withdraw water for boiler make-up and cooling water, keeping the City water as a potential backup source. The total volume of water withdrawn by both the City of Batavia and Batavia Power Plant should remain the same as before this new withdrawal since Well D withdraws water from the same aquifer as the City. The reason for this application is to reduce costs for both the power plant and City by decreasing water usage from the public system and the cost of water treatment by the City, respectively. As a tentative determination, the Department is seeking public comment on the application prior to making a final decision on permit issuance.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was not performed.

SEQR Lead Agency: None Designated

State Historic Preservation Act (SHPA) Determination:

The proposed activity is not subject to review in accordance with SHPA. The application type is exempt and/or the project involves the continuation of an existing operational activity.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)

It has been determined that the proposed action is not subject to CP-29.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Jul 07, 2022.

Contact:

Guillermo R Saar
NYSDEC Region 8 Headquarters
6274 E Avon-Lima Rd
Avon, NY 14414
(585)226-2466
DEP.R8@dec.ny.gov


Applicant:

Town of Stafford
8903 Rte 237
PO Box 52
Stafford, NY 14143

Facility:

Stafford -T Water District #12
Prole, Clinton St, Batavia-Stafford TL, School, Fotch, Batavia-Byron, Griswold & Prole Rd Ext Rds
Stafford, NY

Application ID:

8-1844-00067/00001

Permit(s) Applied for:

Article 24 Freshwater Wetlands

Project is Located:

Stafford, Genesee County

Project Description:

The Town of Stafford plans a new water line installation project (Water District 12) consisting of approximately 28,450 linear feet of 8-inch and 12-inch water mains, valves, hydrants, and appurtenances. Water mains will run along Clinton Street Road, Prole Road Extension, Batavia Byron Road, School Road, Griswold Road, and Fotch Road in the southwest portion of the Town of Stafford, in Genesee County. Portions of the installation include six Class C stream crossings and work conducted in or near state and federal wetlands near tributaries of Bigelow Creek and across un-named drainage ditches. Lines will generally be installed using conventional cut and cover trench excavation and backfilling methods of construction, but horizontal drilling methods with erosion control measures will be used to minimize adverse impacts to stream crossings and wetland areas. The maximum total area of disturbance of the project site is 6.5 acres. The project will not result in the loss of waters of the United States; the work limit will not exceed 500 feet within any of these said waters. The installation does not require a section 10 permit or the construction of new access roads.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is a Type I action and will not have a significant effect on the environment. A coordinated review with other agencies was performed and a Negative Declaration is on file.

SEQR Lead Agency: Stafford Town Board

State Historic Preservation Act (SHPA) Determination:

Cultural resource lists and maps have been checked. The proposed activity is not in an area of identified archaeological sensitivity and no known registered, eligible or inventoried archaeological sites or historic structures were identified or documented for the project location. No further review in accordance with SHPA is required.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)

It has been determined that the proposed action is not subject to CP-29.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Jul 07, 2022.

Contact:

Scott C Feindel
NYSDEC Region 8 Headquarters
6274 E Avon-Lima Rd
Avon, NY 14414
(585)226-2466
DEP.R8@dec.ny.gov


Monroe County

Applicant:

Evan Bruno

Facility:

Bruno Property
5 Partridge Hollow
Mendon, NY

Application ID:

8-2636-00153/00001

Permit(s) Applied for:

Article 24 Freshwater Wetlands

Project is Located:

Mendon, Monroe County

Project Description:

The applicant is proposing approximately 0.25 acre of disturbance within the regulated 100-foot adjacent area of NYSDEC Class 2 Freshwater Wetland MN-9, for the installation of a 16 foot by 32 foot pool and surrounding patio. No disturbance to the wetland proper is proposed.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is not subject to SEQR because it is a Type II action.

SEQR Lead Agency: None Designated

State Historic Preservation Act (SHPA) Determination:

The proposed activity is not subject to review in accordance with SHPA. The application type is exempt and/or the project involves the continuation of an existing operational activity.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)

It has been determined that the proposed action is not subject to CP-29.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Jul 07, 2022.

Contact:

Guillermo R Saar
NYSDEC Region 8 Headquarters
6274 E Avon-Lima Rd
Avon, NY 14414
(585)226-2466
DEP.R8@dec.ny.gov


Applicant:

Monroe County Water Authority
475 Norris Dr
PO Box 10999
Rochester, NY 14610 -0999

Facility:

Owens Rd Watermain
Owens Rd - W Side of Hollybrook Rd, btwn South Ave & Brockport Spencerport Rd
Sweden, NY

Application ID:

8-2652-00137/00001

Permit(s) Applied for:

Article 24 Freshwater Wetlands
Section 401 - Clean Water Act Water Quality Certification

Project is Located:

Sweden, Monroe County

Project Description:

The project is to replace 8,000 linear feet of existing 12" watermain along a portion of 4th Section Rd and a portion of Owens Rd in the Town of Sweden via open cut installation. The installation on 4th Section Rd will be from approximately 400ft west of Goldenhill Ln to the intersection with Hartshorn Dr, and on Owens Rd, the installation will be just south of South Ave, extending to 0.1mi south of Lifetime Way. A portion of the project will be within the regulated adjacent area (AA) of State Freshwater Wetland SW-2 along Owens Rd, resulting in approximately 6,120 sq ft of impact. Another portion crosses a Class C non-navigable stream along 4th Section Rd, where all work will be done in the dry.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is not subject to SEQR because it is a Type II action.

SEQR Lead Agency: None Designated

State Historic Preservation Act (SHPA) Determination:

The proposed activity is not subject to review in accordance with SHPA. The application type is exempt and/or the project involves the continuation of an existing operational activity.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)

It has been determined that the proposed action is not subject to CP-29.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Jul 07, 2022.

Contact:

Ashley N Rubacha
NYSDEC Region 8 Headquarters
6274 E Avon-Lima Rd
Avon, NY 14414
(585)226-2466
DEP.R8@dec.ny.gov


Steuben County

Applicant:

Mary C Cole

Facility:

Cole Gravel Pit
6014 Lewis Rd
Rathbone, NY

Application ID:

8-4664-00030/00001

Permit(s) Applied for:

Article 23 Title 27 Mined Land Reclamation

Project is Located:

Rathbone, Steuben County

Project Description:

The applicant proposes to permit mining operations for a sand and gravel pit. The application involves 24 acres of a 130 acre property with 5 acres to be affected within the first permit term. Onsite processing (screening) is proposed. The project site is the applicant's property, located East of Lewis Road in the town of Rathbone, Steuben County. Final reclamation objectives will restore the site to actve crop farmland, with slopes graded to a final grade of four degrees or less. The reviewed life-of-mine area is 24 (LOM) acres.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is a Type I action and will not have a significant effect on the environment. A coordinated review with other agencies was performed and a Negative Declaration is on file.

SEQR Lead Agency: NYS Department of Environmental Conservation

State Historic Preservation Act (SHPA) Determination:

A cultural resources survey has been completed and cultural resources were identified. Based on information provided in the survey report, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) has determined that the proposed activity will have no adverse impact on registered or eligible archaeological sites or historic structures. No further review in accordance with SHPA is required.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)

It has been determined that the proposed action is not subject to CP-29.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Jul 22, 2022.

Contact:

Guillermo R Saar
NYSDEC Region 8 Headquarters
6274 E Avon-Lima Rd
Avon, NY 14414
(585)226-2466
DEP.R8@dec.ny.gov


Multiple Counties

Applicant:

Stamp Sewer Works Inc
99 Med Tech Dr Ste 106
Batavia, NY 14020

Facility:

Science & Technology Advanced Manufacturing Park (STAMP)
St Rte 77 (Lewiston Rd) - W of St Rte 77/63 (Alleghany Rd) - N of Judge Rd
Alabama, NY

Application ID:

8-9908-00210/00011

Permit(s) Applied for:

Article 11 Endangered/Threatened Species (Incidental Take)

Project is Located:

Alabama, Multiple Counties

Project Description:

STAMP Sewer Works, Inc. has applied for a Part 182 permit to take habitat used by the State-Listed Endangered Short Eared Owl and the State-Listed threatened Northern Harrier for overwintering habitat at the STAMP (Western New York Advanced Manufacturing Park) being developed by Genesee County Economic Development Center (GCEDC, an industrial development agency) in Genesee County, located west of State Route 77/63, south of State Route 77, and north of Judge Road in the Town of Alabama.

The project includes construction and operation of a wastewater treatment plant, for sanitary waste associated with existing and future tenants of the STAMP site, to be located in the Central Portion of the STAMP site, west of Crosby Road. The proposed WWTF and associated effluent pipe SPDES and wetlands permit applications have been previously public noticed. The impacts would be 3.9 acres of permanent impacts and 4.9 acres of temporary impacts.

In addition, the project includes construction and operation of a substation which will tap into the NYPA 345 kV transmission main just north of the STAMP site. The substation will be located within the northwestern portion of the STAMP site, west of Crosby Road. Total construction will disturb 21 acres; however, this includes 7.7 acres of permanent occupied habitat/or buffer conversion, and 7.2 acres of temporary impact.

The totals would be 11.6 acres for permanent impacts and 12.1 for temporary impacts (1 year or more).

1:1 replacement of the permanent grassland habitat at the STAMP site which will be maintained as such for five years is proposed for mitigation. An acceptable Net Conservation Benefit Plan has been received.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person.

State Environmental Quality Review (SEQR) Determination:

The Genesee County Economic Development Center (GCEDC), as the SEQR lead agency, has prepared a Generic Environmental Impact Statement for the STAMP project, which is subject to the procedures in 6 NYCRR 617.10 pertaining to generic environmental impact statements.

SEQR Lead Agency: Genesee County

State Historic Preservation Act (SHPA) Determination:

A cultural resources survey has been completed and cultural resources were identified. Based on information provided in the survey report, the New York State Office of Parks, Recreation, and Historic Preservation (OPRHP) has determined that the proposed activity will have an adverse impact on registered or eligible archeological sites or historic structures. The department must consult further with OPRHP before making a final decision regarding the issuance of the permit.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)

It has been determined that the proposed action is not subject to CP-29.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Jul 22, 2022.

Contact:

Thomas P Haley
NYSDEC Region 8 Headquarters
6274 E Avon-Lima Rd
Avon, NY 14414
(585)226-2466
DEP.R8@dec.ny.gov


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